NCAT can make orders to set aside (overturn) or vary (change) a final decision in certain circumstances.
You can apply to set aside or vary a Tribunal decision in either of the following circumstances:
Application to set aside or vary Tribunal decision (PDF , 108.5 KB)
Set aside or vary decision applications must be lodged within 7 days after the decision was made.
If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension.
Applications to set aside or vary a decision are usually decided 'on the papers' without a hearing. You must provide as much information and documentation supporting your application as possible.
NCAT may call for submissions from the other party before deciding the application.
NCAT will make one of the following orders in a set aside or vary a decision application.
If your application is granted, NCAT will tell you in writing and issue new notices of hearing. The original application will be dealt with by the Tribunal as a fresh hearing.
A successful application to set aside or vary a decision does not mean that you will be successful at the next hearing.
If your application is refused, the original orders will remain in full force and effect. If a stay order was granted with your application, the stay will be lifted and the previous orders will become effective immediately.
08 Sep 2022
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.